Legal Opinion

Salmon v. Chicago & Alton Railroad

Missouri Court of Appeals

Decided July 6, 1914PublishedCited by 3 opinions

Appeal from Callaway Circuit Co art. — Ho». Z>. H. Harris, Judge. (1) The court erred in refusing defendant’s peremptory instruction. G-alm v. Railroad, 113 Mo. App. '591; Overton v. Railroad, 111 Mo. App. 613. (2) Error in plaintiff’s instruction No. 1. Politowitz v. Telephone Co., 115 Mo. App. 57; Logan v. Railway, 183 Mo. 582; Caffiery v. Coal Co., 95 Mo. App. 174. (3) Error in measure of damage instruction. Steinman v. Transit Co., 116 Mo.

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Appeal from Callaway Circuit Co art. — Ho». Z>. H. Harris, Judge. (1) The court erred in refusing defendant’s peremptory instruction. G-alm v. Railroad, 113 Mo. App. '591; Overton v. Railroad, 111 Mo. App. 613. (2) Error in plaintiff’s instruction No. 1. Politowitz v. Telephone Co., 115 Mo. App. 57; Logan v. Railway, 183 Mo. 582; Caffiery v. Coal Co., 95 Mo. App. 174. (3) Error in measure of damage instruction. Steinman v. Transit Co., 116 Mo. App. 673; Prendenville v. Transit Co., 128 Mo. App. 596; Duke v. Railroad, 99' Mo. 347; Madden v. Railroad, 50 Mo. 682. (1) The court properly…

1Opinion of the CourtTrimble, J.

Suit to recover damages for personal injuries alleged to have been sustained while plaintiff, in the employ of defendant, was engaged in loading railroad ties into a freight car.

Two boards, about three feet apart and sixteen feet in length, extended from the ground to the brace-rod underneath the car at the door thereof. This brace-rod was about two feet from the ground and two feet from the car doorsill. A tie would be taken from the pile on the ground by two men, one at each end, and with the tie on their shoulders, they would walk up the right hand plank to the car door. Men in the car…

2Cases cited9 opinions

  1. Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
  2. Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
  3. Sherwood v. Grand Avenue Railway Co.Supreme Court of Missouri · 1896
  4. Madden v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
  5. Abbitt v. St. Louis Transit Co.Missouri Court of Appeals · 1904

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3Cited by3 opinions

  1. Hellriegel v. DunhamMissouri Court of Appeals · 1915
  2. Shoop v. StateSupreme Court of Arkansas · 1946
  3. Sartain v. Jefferson City Transit Co.Missouri Court of Appeals · 1914

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